Aircraft Disinsection

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

14 CFR Part 259

[Docket No. 50031; Notice 95-2]

RIN 2105-AC14

Aircraft Disinsection

AGENCY: Office of the Secretary, DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Department of Transportation proposes to issued a rule

that would require U.S. airlines, foreign airlines and their agents at

time of booking transportation, to notify individuals purchasing

tickets on flight segments originating in the United States if the

aircraft will be sprayed with insecticide while passengers are on board

and to provide immediately upon request the name of the insecticide

used. This action is taken at the initiative of the Department.

DATES: The Department requests comments by March 20, 1995. The

Department will consider late comments only to the extent practicable.

ADDRESSES: Comments should be sent to the Docket Clerk, Docket No.

50031, U.S. Department of Transportation, 400 7th Street, SW., Room

4107, Washington, DC 20590. To facilitate consideration of the

comments, we ask commenters to file 5 copies of each set of comments.

The docket will be available for inspection at this address from 9:00

a.m. to 5:00 p.m., Monday through Friday.

FOR FURTHER INFORMATION CONTACT:

Arnold G. Konheim, U.S. Department of Transportation (P-13), 400 7th

Street, SW., Washington, DC 20590 (202) 366-4849.

SUPPLEMENTARY INFORMATION:

Background

The treatment of aircraft to kill insects (aircraft disinsection)

has been an established practice throughout the world for a number of

years. In fact, since the 1940's, nations have had the right to require

the disinsection of inbound international aircraft flights under Annex

9 (Facilitation) of the Chicago The treatment of aircraft to kill

insects (aircraft disinsection) has been an Convention for reasons of

public health and agriculture. Recently, concerns have arisen about the

harmful effects of certain disinsection treatments. However as a

signatory of the Chicago Convention, the U.S. cannot forbid any other

country from requiring the disinsection of flights landing in that

country's territory.

U.S. Experience

During the late 1930's, the United States Public Health Service

instituted insecticide spraying requirements covering all aircraft

arriving at any U.S. port from an area infected with any insect-borne

communicable disease. However, in 1979, the Centers for Disease Control

and Prevention (CDC) amended the Foreign Quarantine Regulations (42 CFR

Part 71) to discontinue requiring routine spraying because of concern

for the health of passengers and crew, and the lack of evidence that

aircraft spraying played a significant role in disease control, and the

belief that discontinuation of spraying would not present a significant

public health threat. Conversely, the spraying caused undue discomfort

to many passengers, and had the potential for creating acute allergic

reactions, asthmatic attacks, and other allergic or respiratory

problems in certain passengers. Furthermore, yellow fever vaccine was

readily available and very effective in providing long-term immunity

for travelers going abroad, and routine mosquito surveillance and

abatement procedures around U.S. international airports were utilized

to prevent the introduction and spread of insect vectors.

Since routine spraying of aircraft was discontinued in the United

States in 1979, there have been no outbreaks of vector-borne disease in

the United States that can be attributed to imported vectors.

[[Page 3597]]

International Actions

The International Civil Aviation Organization (ICAO) has approved

two methods of disinsection. In the aerosolized method, an insecticide

is sprayed while passengers and crew are on board. ICAO specifies that

an insecticide approved by the World Health Organization be used for

this method of disinsection.

The U.S. Environmental Protection Agency (EPA) had required that

the product (d-phenothrin) used by U.S. carriers for the aerosolized

method of disinsecting aircraft be labeled to show that it can be

sprayed in airliner cabins to disinsect the aircraft but also warned

that it is hazardous to humans. This inconsistency caused considerable

public concern over aircraft spraying. In September 1994, the

registrant of this insecticide submitted a labelling change indicating

that the product is to be used only when passengers and crew are not on

board. EPA accepted this change but has permitted the continued use of

the product while passengers and crew are on board until the current

inventory is exhausted.

For the residual method, the insecticide permethrin is applied to

the interior surfaces of the airplane cabin periodically (typically

once every six to eight weeks) when passengers and crew are not on

board. Having received no applications for the use of permethrin to

disinsect aircraft, EPA has not approved the use of permethrin for this

purpose. Accordingly, U.S. carriers electing this option must apply the

permethrin abroad.

U.S. Actions

On April 14, 1994, the Department requested that the Department of

State forward a letter, through its diplomatic and consular posts, from

the Secretary of Transportation to the ministers of transportation of

every nation recognized by the United States. The letter requested

information on each of these nation's disinsection requirements and

also urged nations that require spraying while passengers and crew are

on board to consider terminating that requirement.

Based upon the response to these letters and from information

provided by the airlines, the following nations* require spraying of

insecticide while passengers and crew are on board for all aircraft

landing in their territory:

*This list is complete as of December 22, 1994.

a. Argentina

b. Antigua and Barbuda

c. Barbados

d. Congo

e. Costa Rica

f. Dominican Republic

g. Grenada

h. India

i. Kenya

j. Kiribati

k. Madagascar

l. Mauritius

m. Mexico

n. Mozambique

o. New Caledonia

p. Nicaragua

q. Seychelles

r. Trinidad and Tobago

s. Yemen

Five other countries, Australia, Fiji, Jamaica, New Zealand and

Panama indicated that they require disinsection but leave the method--

direct or residual--up to the airline. Some other countries require

spraying only on flights coming from countries affected by malaria,

yellow fever, dengue fever or encephalitis.

The Department has adopted a four-fold approach to addressing this

issue. First, the Department has urged countries that require spraying

while passengers and crew are on board to reconsider their practice and

spray only when passengers and crew are not on board.

Secondly, the Department provided immediate notice of countries

that require spraying. On July 21, 1994, the Secretary conducted a

press conference in which he distributed the names of countries that

require the disinsection of inbound aircraft. Through letters to six

medical associations, the Department notified the medical community of

the practice and the names of the insecticides used for both the

aerosolized and residual methods of disinsection. A number of

interviews with the press and the travel community were conducted.

Thirdly, the Department initiated this rulemaking to require that

consumers be given notice of spraying at the time of booking of

transportation.

Finally, the Department requested that ICAO include disinsection on

the agenda for the next meeting of the Facilitation Division, which is

scheduled for April 1995. The Department is also providing funding to

the World Health Organization (WHO) to sponsor a technical symposium in

October 1995 on aircraft disinsection, in order that the practice be

reviewed in light of current medical knowledge.

Proposal

The Department proposes to issue a rule that would require U.S.

airlines, foreign airlines and their agents to provide oral notice to

individuals purchasing tickets to destinations for which the spraying

of aircraft while passengers are on board is required, that the

aircraft will be sprayed with insecticide while passengers are on

board. The specific wording of the notice would be as follows:

Federal regulations require that we warn you that during Flight

number [identify flight number], the airplane cabin will be sprayed

with insecticide while passengers are on board. This is a

requirement of the Government of [identify name of country].

The Department also proposes that upon request, the airlines and

their agents shall immediately provide the name of the insecticide

used.

The rule would apply only to the initial outbound flight segment of

flights from the United States.

The Department of Transportation proposes to be responsible for

maintaining the list of countries that require spraying. The Department

would publish the list in the Federal Register and update it as

necessary.

The proposal may benefit travelers with severe allergies or

multiple chemical sensitivities, as well as those travelers who find

exposure to insecticides to be discomforting.

Additional Options

Although public comment is invited on all aspects of the proposal,

the Department, in particular, seeks comments to the following

questions: Because of the difficulty of maintaining an accurate data

base of the disinsection requirements of all nations that receive air

service, particularly given that in some cases a country's disinsection

requirements are a function of the country of origin of the flight, the

proposed rule would not require the giving of notice of the spraying

requirements of countries that are included in a passenger's itinerary

beyond the initial out bound flight segment from the United States.

Should notice be required for all flights on a traveler's itinerary?

Practical considerations would make it difficult and of limited

effectiveness to apply the proposal to foreign air carrier flights that

are booked outside of the United States. Therefore, the proposed rule

would not require notice for flights booked abroad. Should notice be

required for flights booked abroad?

The rule as proposed would require notice of only those flights in

which an insecticide is sprayed while passengers and crew are on board.

Should notice also be required for flights that are disinsected while

passengers are not on board?

The rule as proposed provides only for oral notice. Should the rule

be expanded to require notice in schedules, [[Page 3598]] in

advertisements or in writing at time of sale?

Regulatory Analysis and Notices

The Department has determined that this action is not a significant

regulatory action under Executive Order 12866 or under the Department's

Regulatory Policies and Procedures. The Department has placed a

regulatory evaluation that examines the estimated costs and impacts of

the proposal in the docket.

The Department certifies that this rule, if adopted, would not have

a significant economic impact on a substantial number of small

entities. Although many ticket agents and some air carriers are small

entities, the Department believes that the costs of notification will

be minimal. The Department seeks comment on whether there are

unidentified small entity impacts that should be considered. If

comments provide information that there are significant small entity

impacts, the Department will prepare a regulatory flexibility analysis

at the final rule stage.

The Department does not believe that there would be sufficient

federalism implications to warrant the preparation of a federalism

assessment.

Paperwork Reduction Act

The proposed rule does not contain information collection

requirements that require approval by the Office of Management and

Budget under the Paperwork Reduction Act (44 U.S.C. 2507 et seq.).

List of Subjects in 14 CFR Part 259

Air carriers, Foreign air carriers.

For the reasons set forth in the preamble, the Department proposes

to amend Title 14, Chapter II, Subchapter A by adding a new part 259 to

read as follows:

PART 259--DISINSECTION OF AIRCRAFT

Sec.

259.1 Purpose.

259.2 Applicability.

259.3 Definitions.

259.4 Notice requirement.

Authority: 49 U.S.C. 40113(a) and 41712.

Sec. 259.1 Purpose.

The purpose of this part is to ensure that ticket agents in the

United States, air carriers and foreign air carriers tell consumers

when the air transportation they are proposing to buy requires that the

aircraft cabin will be sprayed with insecticide while passengers and

crew are on board.

Sec. 259.2 Applicability.

This rule applies to:

(a) Direct air carriers and foreign direct air carriers operating

aircraft in which the initial flight segment of flights outbound from

the United States is disinsected by spraying the aircraft cabin with

insecticide while passengers and crew are on board.

(b) Ticket agents doing business in the United States that sell

passenger air transportation services on flights described above.

Sec. 259.3 Definitions.

(a) Carrier means any direct air carrier or foreign air carrier as

defined in 49 U.S.C. 40102(2) or 49 U.S.C. 40102(21), respectively,

that is engaged in passenger air transportation, including by wet

lease.

(b) Ticket agent has the meaning ascribed to it in 49 U.S.C.

40102(40).

Sec. 259.4 Notice requirement.

In any direct oral communication with a prospective customer

concerning a flight that will be required to be sprayed with

insecticide while passengers are on board, a ticket agent in the United

States or a carrier shall verbally deliver the following warning:

Federal regulations require that we warn you that during Flight

Number [identify flight number], the airplane cabin will be sprayed

with insecticide while passengers are on board. This is a

requirement of the Government of [identify name of country].

Further, upon request, the ticket agent in the United States or the

carrier shall immediately provide the name of the insecticide used on

that flight.

Issued in Washington, DC on December 12, 1994.

Patrick V. Murphy,

Acting Assistant Secretary for Aviation and International Affairs.

[FR Doc. 95-1260 Filed 1-17-95; 8:45 am]

BILLING CODE 4910-62-M